Circumstances that May Warrant a Change in a Custody Order

Once established, the Court's are very unlikely to change an order
granting primary physical custody to a party, unless there are substantial
reasons to do so.

I recently had a case where some major changes had occurred in the custodial
situation between the two parents. The prior case law in PA required that
the party requesting the change, show there has been a "substantial
change in circumstances" that would warrant a change in custody.
The new rules in PA do
not require such a showing, however, most lawyers and judges look for this
regardless.

So, what are some things that are considered a "substantial change
in circumstances?":

1) The living arrangements of either party; have they moved, changed addresses,
have other people moved in, or are they living in deplorable living conditions?

2) The work schedules of either one or both parties; does the custodial
parent have less time to spend with the child due to a work schedule?

3) The habits of either party have changed; is there a drug problem, alcohol
abuse, or even worse- abuse of the child?

These are but a few of the circumstances that could lead a court to consider
a change in custody. They are by no means
all the circumstances that would lead to a change. Further, these circumstances
should be assessed individually and combined to determine if such factors
warrant a change in the order.
It all depends on the individual facts of each case. If you have questions or concerns, call the custody team at
Shaffer & Engle Law Offices, LLC,(717) 268-4287

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.